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4339 ~ 72nd Avenue ~ Beaverton-Tigard Highway RECEIVED AUGNumber: U 1989 Deed Reference: B 364, P 64 & CITY at TIGARD B606, P 67 KNOW ALL MEN BY THESE PRESENTS: That we (I) Washington County School DistrictNo- 23.1 — hereinafter termed grantor(s), in consideration of the sum of $ no monetary considenpipilid by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, together with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, for the following uses and purposes: • 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the purpose of constructing, recon- structing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove,as necessary,vegetation, foliage, trees and other obstructions within the easement area, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement; said easement area c1Q1110sst c tsonreex ireibe xightfcitagletoctitakaxifitxdt t !hilt iReOlcilt ERAIlek following designated premises: A ten (10) foot wide strip of land, being five (5.0) feet wide on each side of the following described centerline in that property described in Deed Book 364, Page 64 and Deed Book 606, Page 67 of the Deed Records of Washington County, Oregon, the point of beginning of said centerline being on the most westerly line of said property 100.0 southerly of the northwest corner of said property; thence said centerline to bear S35°442.t11 a distance of 290.8 feet to a voint, thence S43°58 'E a distance of 254.2 feet to a point, thence S62°39 Edistance of 230.4 feet to a point, less,thence said centerline, saidalso the westerly right-of-way pointtance of 3 •being0 feet, ee�o `ray line of S. W. 72nd Avenue and the easterly boundary of said property. • 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construe- tion purposes, of additional lands lying parallel to, along both sides and within 5 __.feet, when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, yse and preservation of all structures present upon the premises. This temporary easement shall terminate upon completion of the sewer construction work, at which t!te, upon request 4f the owner, the City will issue a written release thereof. Asa, p,�. *14 • The City, in connection with the construction of said sewer line, shall require the contractor's agents and employees of the City to barricade or otherwise suitably preclude the ac- cess of the District 's pupils to the construction area during the period of construction and shall take all reasonable and necessary means to preclude injury to any of the District 's pupils . The construction area shall be restored to its pre- existing condition as nearly as possible immediately after com- pletion of the construction. The City shall save, hold harmless and indemnify the District for and from all claims , demands or liabilities of whatsoever kind or character arising by reason of the construction, including but not limited to compliance with applicable provisions of Chapter 279, Oregon Revised Statutes . Should it be necessary to cut and remove any brush, trees, or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and work manlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and work manlike condition and as nearly in the pre-existing state as practicable. The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. Witness our hands and seals this 28 day of July 19_ . SCHOOL DISTRICT 0. 3 j j41 SINGTO C'i , OR. by /dr:011% ) gni Y �'f EAL) Act g FORM No. 24—ACKNOWLEDGMENT—CORPORATION. e11 STEVENS-NESS LAW PUB.CO., PORTLAND.ORE. STATE OF OREGON, Washington ss. 28th this 28th day of July , 19 6? County of Washing tan John on ye before me appeared_ Lawr Delbert Fennell both to me personally known, who being duly sworn, did say that he, the said 44tfrevIce- 2 h h.. iS Vaa Chairman xximarxxxxxxmiarias and he, the said Delbert Fennell is the Clerk protem acting xalimwel 6 Fp . - X i �S DISTRICT NO. 23 J. , Was inggon County the within named an a .. i '- • s` • ♦. ' :s - /big and that the said instrument a signed and sealed in behalf of alY!�•��J� . ... •Y i ority of its Board of Directors, and Lawrence `Jonson and �De •ert ennel acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHE F, I have hereunto set my hand and affixed my off' al seal the day and year last above written. Notary Public for Oregon. My Commission expires_F.eb-.--.-7-,--.-1.972 • Bassa me: Notary Public for Oregon My Commission expires. 44:1,, ." ., ,....:.�k s ,.:«. sti .l, !rrttur�!tt, ,u::,a= .,. ,,.•y .. w— •"„�...,,,�.. �..�.... e Ui x STATE OF OREGON County of Washington 55 I, Roger Thomssen, Director of Records and Elections and Ex-Officio Recorder of Con- veyances for soid county, do hereby certify that the within instrument of writing was received and recordedin book of records No. 14-4 of said County Witness my hand and seal affixed. ROGER THOMSSEN, Director of Records & Elections Deputy % 917 t'&9 NINO 4339 I, DORIS HARTIG, hereby certify that I am the duly appointed, qualified, and acting Recorder for the City of Tigard, Oregon. I further certify that I have compared the herewith copy with the original in my possession as custodian of the official records of the City of Tigard, and that the herewith copy is a true and complete copy thereof. IN WITNESS WHEREOF I have hereunto set my hand and seal of the City of Tigard this 1st day of August 1969. i/-La City Recor er _ /7 Filed for record 4' 19 6' 9-.A�t. at :PM. • ROGER THOMSSEN, Director of Records & Elections 8y 4 _.._ -Deputy BOOK 752 PAGE 844 „/ • Number: Deed Reference: B 364, P 64 & B606, P 67 KNOW ALL MEN BY THESE PRESENTS: That we (I) Washington County Sollool Di strint NO- 23J e { hereinafter termed grantor(s), in consideration of the sum of $ no monetary considrt���id by CITY OF TIGARD, a municipal corporation of Oregon, hereinafter termed the City, hereby grant, bargain, sell and convey unto the CITY OF TIGARD a perpetual right-of-way and easement as hereinafter described, together with a temporary right-of-way and easement to use an additional area hereinafter described and designated temporary easement, for the following uses and purposes: 1. Perpetual easement: An unencumbered perpetual right-of-way and easement for the purpose of constructing, recon- structing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove,as necessary, vegetation, foliage, trees and other obstructions within the easement area, but reserving to the grantors the title to the lands, subject to the easement, and the right to make such use thereof, except to construct buildings, as will not interfere with the uses and purposes of the easement; said easement area being tNcoQUIgt cle* xisreaxctzentxtl kktozeiGS:wI*MSCPAYOPAbdOicii. R#gt>ic following designated premises: A ten (10) foot wide strip of land, being five (5.0) feet wide on each side of the following described centerline in that property described in Deed Book 364, Page 64 and Deed Book 606, Page 67 of the Deed Records of Washington County, Oregon, the point of beginning of said centerline being on the most westerly line of said property 100.0 southerly of the northwest corner of said property; thence said centerline to bear S35°444'E a distance of 290.8 feet to a point, thence S43°58S'E a distance of 254.2 feet to a point, thence S62°39E a distance of 230.4 feet to a point, thence S85°29z'E a distance of 354.0 feet, more or less, to the end of said centerline, said end point being also the westerly right-of-way line of S. W. 72nd Avenue and the easterly boundary of said property. 2. Temporary easement: Together with the temporary right of ingress, egress and regress, and use for sewer construc- tion purposes, of additional lands lying parallel to, along both sides and within 5 _feet,. when measured at right angles, of the above described perpetual easement area, excepting and reserving to grantors the unencumbered enjoyment, use and preservation of all structures present upon the premises. This temporary easement shall terminate upon completion of the sewer construction work, at which time, upon request of the owner, the City will issue a written release thereof. • Nov' Nbigtv • The City, in connection with the construction of said sewer line, shall require the contractor' s agents and employees of the City to barricade or otherwise suitably preclude the ac- cess of the District ' s pupils to the construction area during the period of construction and shall take all reasonable and necessary means to preclude injury to any of the District ' s pupils . The construction area shall be restored to its pre- existing condition as nearly as possible immediately after com- pletion of the construction. The City shall save , hold harmless and indemnify the District for and from all claims , demands or liabilities of whatsoever kind or character arising by reason of the construction, including but not limited to compliance with applicable provisions of Chapter 279, Oregon Revised Statutes . Should it be necessary to cut and remove any brush, trees, or other matter or materials from the easement area, said brush, trees, or other matter and materials shall be removed and disposed of by the City and the City shall leave the easement area in a neat and work manlike condition. The City agrees that in connection with its use of the perpetual easement area and in inspecting, repairing, maintaining, or replacing said sewer line, the City will leave the premises in a neat and work manlike condition and as nearly in the pre-existing state as practicable. The grantors do hereby warrant that they are the owners in fee simple and have the right to grant the above described easements. Witness our hands and seals this—_28 day of July SCHOOL DISTRICT 0. �3 J, WASINGTO Cii Y, OR. Lby , ` . 4 ct �; _(SEA ) , AL) I" or ( (SEAL)y, (SEAL) Acting Clerk FORM No. 24—ACKNOWLEDGMENT—CORPORATION. 611 STEVENS-NESS LAW PUB.CO., PORTLAND,ORE. STATE OF OREGON, ss. County of Washington On this 28th day of July , 19 69 before me appeared Lawrence Johnson and Delbert Fennell7��__ both to me personally known, who being duly sworn, did say that he, the said L4WVeyce Nia i hS is the Chairman xmixxxxxxxximaiiS and he, the said Delbert Fennell is the Clerk pro=tem acting xlimpcmigwcxxx > x x SCHOOL DISTRICT NO. 23 J. ,. Was}inggon County__ the within named P , :X,and tha ifemegxg &xk u 4ith xX cone - = 'i: '•',. miers - a. trfi ority of its Board stras and that the said instrument a signed and sealed in behalf of saw'w4, -,.. �i•. of Directors, and Lawrence Johnson nson and Del•ert Fennel acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHE F, I have hereunto set my hand and affixed my offi rat seal the day and year last above written. / .r Notary Public for Oregon. My Commission expires_--F-et.:....7., 1972 Before me: Notary Public for Oregon My Commission expires: N 4444 /_ N \ N i �n L--—I__ N s N1 PARKING PN/L / w'% toT 1c i./ oL ____\ l \ 4a• / 2 \3 \, N 63 s---I /- R a ac="‘"-5.6-47 1 _._._ _.. �•Z S E ISE/'? 0 EXTENS/oif/ F'F7O�OSEL� C//4/✓!.E• y '‘ /N S EWE/? 4C4SEMENT a • �3% 3 ClNre L/AVE O.c • - ,Ey/VLa DF EX/ST Z 1V 4; "f•--- ______ 4,e/...5r/At 6 /D ' 1'V/47414". NE 4i y 4 . . • �--� Si. WE"? EA SAW/ 1Vr 5_.----'"rte ' rrG �3FA ✓FR7°N r PH/L 4 EW/3 SCHOOL Sow rAA?Y SE-,wt-R . 64 SEMENr /" = /OD' HA/4/P/-.5- 44 c;/?/FF/4/ 2 - 2'7 -69